The Attorney General of Ontario sought an urgent anticipatory injunction to ban an Al Quds Day protest rally in Toronto, or alternatively, an order enjoining participants from violating the Criminal Code and committing torts.
The court dismissed the application, finding that the Attorney General failed to establish a strong prima facie case that the rally would result in criminality or a public nuisance.
The court held that a blanket ban on the assembly would be a disproportionate infringement of the participants' freedom of peaceful assembly under s. 2(c) of the Charter.
The court also declined to grant the alternative relief, noting that police do not require a court order to enforce the criminal law.
